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French Supreme Court confirms its hostility to unilateral jurisdiction clauses
Practical Law UK Articles 4-617-3785 (Approx. 6 pages)
French Supreme Court confirms its hostility to unilateral jurisdiction clauses
by Clément Dupoirier and Peter Archer, Herbert Smith Freehills LLP
In a decision handed down on 25 March 2015, the French Supreme Court has again refused to enforce a unilateral jurisdiction clause (Cour de cassation, chambre civile 1, 25 mars 2015, 13-27.264).This decision comes after the much-discussed French Supreme Court judgment in Rothschild, and is an important reminder of the need to give careful consideration to the validity of dispute resolution provisions in the possible jurisdiction of any future proceedings when drafting contracts. This article considers some of the possible practical consequences of the French trend.
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